Certification arrangements in Great Britain following amendments to the ownership unbundling provisions of the Gas Act 1986 and the Electricity Act 1989: End of the transition period
Guidance
Publication date
Industry sector
- Offshore Transmission Network
- Transmission Network
Related links
- Certification arrangements in Great Britain following amendments to the Gas Act 1986 and the Electricity Act 1989
- Certification arrangements in Great Britain following amendments to the Gas Act 1986 and the Electricity Act 1989
- Certification of transmission system operators (TSOs) under the ownership unbundling requirements of the Third Package
The government recently made some changes to the ownership unbundling provisions of the Electricity Act 1989 and Gas Act 1986, as a result of the UK leaving the European Union on 31 January 2020 at 11:00pm, namely:
- removing the requirement for the Authority to send a preliminary decision to the European Commission (‘EC’).
- change the timescales in which the Authority has to make its decision. With the removal of the need to send a preliminary decision to the EC, the Authority now has four months in which to make its final decision;
- place an obligation on the Authority to notify the Secretary of State where a person from outside the United Kingdom controls an applicant for certification; this notification was previously only required where the applicant was controlled by a person from outside the European Economic Area (‘EEA’); and
- removes the requirement on the Authority to notify the EC when a TSO is designated.
This updated document sets out information on our intended approach to processing applications for certification and undertaking reviews of certification following those changes.